Summary
According to Stuff, a couple with a home in Mount Maunganui have succeeded in getting a flood risk notice removed from their home’s title. The couple applied for building consent for some home alterations and the Tauranga City Council placed an “inundation hazard” note on the title using s72 of the Building Act . This hazard note was based on a 1 in 100 year flood risk generated using the extreme RCP 8.5 climate change model. The living areas of the home were elevated and located above a garage. The couple claimed that only the garage was at risk of inundation and the stormwater system and “free draining dune soil” would remove surface flooding.
As the couple and the Tauranga City Council could not agree on the s72 risk note on the property title they took the dispute to the Ministry of Business, Innovation and Employment to make a determination.
Stuff quoted Principal advisor of determinations Andrew Eames as stating that the council should have granted a normal building consent instead of using s72 and must remove the flood risk note from “the couple’s property title”.
Tauranga City Council is reported to be appealing the decision due to concerns about liability risk.
Quotes
“When consent is granted under s72 it means a note appears on the property’s title noting the natural hazard. One of the purposes of this is to inform prospective buyers that the council would receive statutory immunity from liability in return for permission to undertake the building work”
Marty Sharpe, Couple wins battle to get ‘inundation hazard’ note off property title, Stuff Limited, 07 November 2024
“Eames said in the couple’s case there was no evidence that inundation would damage the land, and because both parties agreed that adequate provision had been made to protect the building work and other property, the council should have granted consent in the usual manner, not under s72.
He said the council must notify the Register-General of Land that the note on the couple’s property title was not required and must be removed.”
MBIE Principal advisor of determinations, Andrew Eames, as quoted by Stuff
A council spokeswoman said the decision had been appealed as it “creates a significant liability risk for Tauranga ratepayers, and all councils, when consenting development in areas known to flood”.
Tauranga City Council spokeswoman, as quoted by Stuff
Article Details
Headline: Couple wins battle to get ‘inundation hazard’ note off property title
Author: Marty Sharpe
Published on: 07 November 2024
Published by: Stuff Limited
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